These two types of claims seem similar, but they follow different rules. Understanding the difference can help you take the right steps and protect your rights.
What Is a Workers’ Compensation Claim?
Workers’ compensation covers injuries that happen on the job. It’s a type of insurance your employer provides. If you get hurt at work, you usually file a workers’ comp claim.
You don’t need to prove that your employer was at fault. That’s one of the main benefits. Even if the injury was your fault, you can still get benefits.
- Workers’ comp may cover:
- Medical bills
- Lost wages (partially)
- Temporary or permanent disability benefits
- Vocational rehabilitation
You won’t get money for pain and suffering in a workers’ comp case. The system focuses on covering your medical needs and helping you return to work.
What Is a Personal Injury Claim?
A personal injury claim is different. These claims involve injuries caused by someone else’s negligence or wrongdoing. You must show that another person or business caused your injury.
Examples of personal injury cases include:
- Car accidents
- Slip and fall incidents
- Dog bites
- Medical malpractice
You can seek a broader range of damages in a personal injury case, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Future medical costs
Unlike workers’ comp, a personal injury case allows you to pursue full compensation. But you must prove fault to win your case.
Can You File Both?
Sometimes, yes. If you’re hurt at work by a third party—not your employer—you might have both a workers’ comp and a personal injury claim.
For example:
- A delivery driver is injured in a car crash caused by another driver
- A construction worker is hurt by defective equipment from a different company
In these cases, you might collect workers’ comp benefits and file a personal injury lawsuit. An attorney can help you handle both at the same time.
Key Differences to Remember
- Fault: Workers’ comp doesn’t require fault. Personal injury does.
- Damages: Workers’ comp doesn’t include pain and suffering. Personal injury does.
- Coverage: Workers’ comp only applies to work-related injuries. Personal injury covers many situations.
- Payout: Workers’ comp has limits. Personal injury may result in higher compensation.
Why Legal Help Matters
Both types of claims come with deadlines, paperwork, and legal hurdles. It’s easy to feel overwhelmed. Missing a step can cost you money—or your right to file.
An attorney can explain your options and help you avoid costly mistakes. Whether you’re dealing with a job injury or another type of accident, getting legal advice early makes a big difference.
We’re Here When You Need Us
Injuries turn your life upside down. You deserve answers and support. At Shugarman & Mehring, we help injured workers and accident victims get the compensation they need.
We’re ready to review your case and explain the best path forward. If you’re not sure what kind of claim you have, we’ll help you figure it out.
Reach out today to schedule a free consultation and get clarity on your next steps.
ShugarmanMehring
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